Mitigation Training Workshop for Colorado OEM - Introduction to FEMA's Environmental & Historic Preservation (EHP) Compliance Requirements Unit 7.1

Mitigation Training Workshop
      for Colorado OEM
 Introduction to FEMA’s Environmental & Historic
  Preservation (EHP) Compliance Requirements

                    Unit 7.1

OBJECTIVES
 Discuss FEMA’s Environmental Planning
  and Historic Preservation Review
 Introduce the National Environmental
  Policy Act (NEPA)
 Discuss project planning considerations
 Learn some tips for a timely review

ENVIRONMENTAL PROGRAM
 What we do?
    Support DHS/FEMA Programs by providing
    expertise in Environmental Compliance

 Why we do it?
    Because it’s FEMA’s Policy to insure that “all
    practical means and measures are used to
    protect, restore, and enhance the quality of
    the environment.”
                44 CFR 10.4

FEMA IS REQUIRED TO:
 Assess environmental consequences of our
  actions.
 Use a systematic, interdisciplinary, approach
  in planning and decision making
 Insure that unmeasured environmental
  amenities are considered
 Consider reasonable alternatives
 Make available advice and information

FEMA’s EHP Compliance
Review
 Overseen by FEMA’s Office of Environmental Planning
  and Historic Preservation (OEHP)
    HQ office in Washington, DC

    Ten Regional offices - Regional Environmental

     Officer & some support staff
 EHP compliance is the responsibility of FEMA Grant
  Programs; OEHP serves as a technical support office

WHAT ARE EHP CONSIDERATIONS?
                National Environmental Policy Act
                 (NEPA)
                National Historic Preservation Act
                 (NHPA)
                Endangered Species Act (ESA)
                Clean Water Act (CWA)
                Clean Air Act (CAA)
                Migratory Bird Treaty Act (MTBA)
                Farmland Protection Policy Act (FPPA)
                Resource Conservation & Recovery Act
                 (RCRA)
                State/Tribal and Local Law or
                 Regulations
                Executive Orders:
                 * Wetlands – EO # 11990
                 * Floodplains – EO # 11988
                 * Environmental Justice – EO # 12898

NATIONAL HISTORIC PRESERVATION
          ACT (NHPA)

 Reduce the loss of important historic and
 cultural properties

WHAT’S HISTORIC?
      Properties…
       Associated with events that
        have a significant
        contribution to U.S. History
       Associated with lives of
        persons significant to U.S
        History
       With distinctive architecture
        characteristics
       With archaeological
        significance

Historic Structures – Date of Construction
 Buildings
 Bridges
 Culverts
 Monuments

Ground Disturbing Activities
 Staging of equipment
 Road Repair
 Borrow Pits
 Temporary Roads

GENERAL RULE OF THUMB

 If its over 50 years old it has to be
  considered…..before demolition, construction,
  reconstruction, digging, etc.

FEMA RESPONSIBLE FOR
 DETERMINATION

 Applicants gather inform

ENDANGERED SPECIES ACT (ESA)
              What?
               Applies to threatened and
                endangered (T/E) species
                and their critical habitats
               Includes fish, plants and
                animals

ENDANGERED SPECIES ACT (ESA)

FEMA RESPONSIBLE FOR
 DETERMINATION

COMPLIANCE
 Consult with US Fish and Wildlife Service
  (USFW) or National Marine Fisheries Service
  (NMFS) to determine species/habitat affected
 Abide with FWS/NMFS determination

MIGRATORY BIRD TREATY ACT
             (MBTA)

PURPOSE
 Protect migratory birds,
  their eggs, nests and
  feathers

 Reduce bird kills and
  collisions with towers

CLEAN WATER ACT (CWA)

What?
 Applies to all ‘waters’ of
  the United States
  including rivers, lakes,
  streams, wetlands and
  estuaries

CLEAN WATER ACT (CWA)
Section 404 Permits
 For discharge of dredged or fill material into US
  waters
 Applies to minor or routine work with minimal
  impacts
 Individual Permits vs. General Permits
 Contact USACE for Jurisdictional determination

Section 401, 402
 State permits

CLEAN WATER ACT (CWA)

COMPLIANCE
 Applicants apply to US Army Corps of Engineers
  (USACE)/state for permits

 FEMA ensures that the applicant complies with
  USACE/state permitting regulations

CLEAN AIR ACT (CWA)
           Requires protection
            and enhancement
            of the nation’s air
            resources.
           Attainment for all
            pollutants. State
            level enforcement
            based on EPA.

RCRA/STATE SOLID WASTE
         LAWS
             Hauling to municipal
              solid waste landfills,
              transfer facilities, or
              composing facilities
             Household Hazardous
              Waste

EXECUTIVE ORDERS
 Floodplain Management – EO # 11988
 Wetland Protection – EO # 11990
  • Assess the impact of proposed projects on
    floodplains and wetlands.
  • Ensure that no critical facilities are located in a
    floodplain or wetland

PURPOSE                     COMPLIANCE
 To avoid, to the extent  Evaluate impacts to
  possible, actions within    floodplains/wetlands
  or affecting floodplains/   using eight-step process
  wetlands

EXECUTIVE ORDERS
 Environmental Justice – EO # 12898
     directs federal agencies to make environmental justice part
      of its mission by identifying and addressing, as appropriate,
      disproportionately high and adverse human health or
      environmental effects of its programs, policies, and activities
      on minority and low-income populations

NATIONAL ENVIRONMENTAL POLICY ACT
              (NEPA)

 FEMA reviews all actions to ensure
  compliance with NEPA.
 FEMA will determine the level of
  environmental documentation necessary to
  comply with NEPA.
 Documentation may include:
    Statutory Exclusion (STATEX)

    Categorical Exclusion (CATEX)

    Environmental Assessment (EA)

    Environmental Impact Statement (EIS)

CATEGORICAL EXCLUSIONS (CATEX)

 Projects that are documented as CATEX have
  no significant effect on the environment and
  are excluded from further NEPA review.

 CATEX projects must comply with all relevant
  environmental laws and executive orders
  (EO)

 There are three levels of CATEX:

CATEX LEVEL 1

      Studies with no
       commitment of resources
       except money & manpower
      Training activities
      Public education
      Technical assistance
      Purchase of equipment

CATEX LEVEL 2

 Property acquisition and associated
  demolition /removal.
 Acquisition, installation, or operation of
  utility and communication systems that use
  existing distribution systems or facilities, or
  currently used infrastructure rights-of-way.
 Demolition or disposal of uncontaminated
  structures.

CATEX LEVEL 2

 Physical relocation of structures where others
  do site selection or development.
 Repair, reconstruction, restoration, elevation,
  retrofitting, upgrading to current codes or
  standards in a manner that substantially
  conforms to pre-existing design.
 Actions conducted within enclosed facilities, etc.

CATEX LEVEL 3

      Improvements to
       existing facilities and
       construction of small
       scale hazard mitigation
       measures in existing
       developed areas.

If you have Extraordinary
        Circumstances or the action is not
        excluded as a CATEX you will have
               to do an EA or an EIS

PREBLES JUMPING MOUSE FROM USFWS FILES

EXTRAORDINARY CIRCUMSTANCES

 Greater scope and size
 Public controversy
 Degrade existing poor environmental
  conditions
 Use of unproven technology
 Endangered or threatened species
 Hazardous or toxic substances

EXTRAORDINARY CIRCUMSTANCES

 Potential to adversely affect special
  status areas or critical resources
 Adverse effects on health and safety
 Violate laws or requirements for
  environmental protection
 Cumulative impact

IN EA, COVER AFFECTED ENVIRONMENT
       AND POTENTIAL IMPACTS

 Describe the environment
 Discuss measures that could be taken
  to mitigate anticipated impacts.
 Analyze alternatives, including the no -
  action alternative

PROJECT PLANNING
 The following factors affect the amount
  of time it takes to complete the EHP
  review:
     Completeness of the project scope of work (SOW)
     Complexity of the project
     Project location & the types of resources affected
     Whether consultation with SHPO, FWS, etc.
      (required under certain laws) is needed
     EA or EIS preparation

INCORPORATE EHP INTO
  PLANNING DECISIONS
 Anticipation of impact to the natural and
  cultural environment.
 Outreach to review agencies
    Education

SCOPE OF WORK:

A clear scope of work will save
        time and money
If an approved project has a change in the SOW, the
grantee must stop work and wait for the environmental
review to be completed and approved on the new SOW
before re-initiating work.

Grantee must comply with any conditions placed on
project as result of EHP review

CONSEQUENCES OF NON-
COMPLIANCE
   Project delays
    Denial of funding
    De-obligation of funding
    Negative publicity
    Civil penalties
    Lawsuits